(b) Mr. Lim enters Smart Supermarket and selects some canned food, soap, shampoo, eggs, vegetables and fish. He puts them into his shopping trolley. He also picks up some sleeping pills which can only be purchased with a prescription by a doctor. But when Mr. Lim goes to the counter to pay the bill he is stopped by the house detective. The police are called in and both Mr. Lim and Smart Supermarket are charged. The Supermarket is charged for offering for sale a prescription drug and Mr. Lim is also charged for attempting to buy those sleeping pills without a doctor’s certificate.
You are required to advise Smart Supermarket and Mr. Lim as to their respective legal positions. Has a contract been made between Smart Supermarket and Mr. Lim at this juncture? Give reasons for your answer, explaining the legal position with the relevant cases.
December 12, 2008
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